The Russian system of legal acts has many official documents. At the same time, among them there is a clear hierarchy in legal force. In the first place in this hierarchy are laws (including the laws of entities), followed by regulations, international and domestic agreements and treaties.
In this article we will consider what place in this system are the decisions of the Government of the Russian Federation.
What is a government decree
So, a government decree is a legal normative act that is enforced and based on normative acts that have higher legal force (federal laws, presidential decrees).
According to the Constitution, the provisions apply to the entire territory of Russia, unless otherwise specified. Their implementation is ensured by the Government by giving appropriate instructions to subordinate executive authorities.
Difference of the decision from other acts of the Government
The Russian government has the authority to publish various documents. Among them - decisions, orders, instructions, minutes of meetings and meetings. In addition, the specified authority is engaged in legislative activities.
The main difference of the Government Decree is its normative nature. Non-normativeness of a legal document is determined by the presence of the following features simultaneously:
- Single use or advisory.
- Personality
Approval of Government Decree
The procedure for the development and approval of acts of the Government is strictly regulated by law - Decree of the President of the Russian Federation No. 763, Government Resolution No. 260 and other documents.
The initiative to develop a draft resolution may belong not only to the Government of Russia, but also to federal authorities. Responsible for the development of bodies and units must comply with the Regulations of the Government of the Russian Federation, as well as the Procedure for assessing the regulatory impact of draft regulatory legal documents.
An assessment of the regulatory impact of a Government decree is a very effective tool to identify problems associated with excessive governance in any area of public life. In addition to such an assessment, a public discussion of the draft act is conducted, within the framework of which the experts have the opportunity to comment and make suggestions in the draft being developed.
Sometimes regulatory impact assessment and public discussion of a draft government decree is not carried out. This is due to the fact that such a document or part thereof may contain confidential or secret information.
As a result of going through all stages of development, the text of the resolution, if it does not contain confidential or secret information, should be officially published in specific open sources. These include the Collection of Legislation of the Russian Federation, Rossiyskaya Gazeta and the Official Legal Information Portal on the Internet. Publication must be made no later than 10 days after signing by the chairman.
The entry into force of a regulation usually takes place one week after publication.
Amendment of the Government of the Russian Federation
Changes and cancellations of legal acts are possible by an act of the same legal force. This also concerns government decrees.
Therefore, in order to make changes to the specified document, it is necessary to go through the same procedures as during its initial development. This rule contributes to the fact that the accepted documents become more thoughtful and worked out, because there is no simplified procedure for changing them.
In addition, the public discussion of the draft act is being re-conducted. Any citizen has the opportunity to familiarize themselves with the proposed changes on the corresponding site.